doubt

Doubt

To question or hold questionable. Uncertainty of mind; the absence of a settled opinion or conviction; the attitude of mind toward the acceptance of or belief in a proposition, theory, or statement, in which the judgment is not at rest but inclines alternately to either side.

Proof Beyond a Reasonable Doubt is not beyond all possible or imaginary doubt, but such proof as precludes every reasonable hypothesis except that which it tends to support. It is proof to a moral certainty, that is, such proof as satisfies the judgment and consciences of the jury, as reasonable people and applying their reason to the evidence before them, that the crime charged has been committed by the defendant, and so satisfies them as to leave no other reasonable conclusion possible.

A Reasonable Doubt is such a doubt as would cause a reasonable and prudent person in the graver and more important affairs of life to pause and hesitate to act upon the truth of the matter charged. It does not mean a mere possible doubt, because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.

doubt

DOUBT. The uncertainty which exists in relation to a fact, a proposition, or
other thing; or it is an equipoise of the mind arising from an equality of
contrary reasons. Ayl. Pand. 121.
2. The embarrassing position of a judge is that of being in doubt, and
it is frequently the lot of the wisest and most enlightened to be in this
condition, those who have little or no experience usually find no difficulty
in deciding the most, problematical questions.
3. Some rules, not always infallible, have been adopted in doubtful
cases, in order to arrive at the truth. 1. In civil cases, the doubt ought
to operate against him, who having it in his power to prove facts to remove
the doubt, has neglected to do so. In cases of fraud when there is a doubt,
the presumption of innocence (q.v.) ought to remove it. 2. In criminal
cases, whenever a reasonable doubt exists as to the guilt of the accused
that doubt ought to operate in his favor. In such cases, particularly, when
the liberty, honor or life of an individual is at stake, the evidence to
convict ought to be clear, and devoid of all reasonable doubt. See Best on
Pres. Sec. 195; Wils. on Cir. Ev. 26; Theory of Presumptive Proof, 64; 33
How. St. Tr. 506; Burnett, Cr. Law of Scotl. 522; 1 Greenl. Ev. Sec. 1
D'Aguesseau, Oeuvres, vol. xiii. p. 242; Domat, liv. 3, tit. 6.
4. No judge is presumed to have any doubt on a question of law, and he
cannot therefore refuse to give a judgment on that account. 9 M. R. 355;
Merlin, Repert. h.t.; Ayliffe's Pand. b. 2, t. 17; Dig. lib. 34, t. 5;
Code, lib. 6, t. 38. Indeed, in some countries; in China, for example,
ignorance of the law in a judge is punishable with blows. Penal Laws of
China, B. 2, s. 61.

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